Opinion No. (2001)

BILL LOCKYER Attorney General ANTHONY S. DA VIGO Deputy Attorney General ANDREW WOLFF has requested this office to grant leave to sue in quo warranto upon the following question: Is Ahmad Mansur unlawfully holding the office of tenant representative on the Oakland Housing Residential Rent and Relocation Board as a result of the removal of Andrew Wolff from such office? CONCLUSION Whether Ahmad Mansur is unlawfully holding the office of tenant representative on the Oakland Housing Residential Rent and Relocation Board as a result of the removal of Andrew Wolff from such office does not warrant the initiation of an action in quo warranto. ANALYSIS The City of Oakland ("City") has established a Housing Residential Rent and Relocation Board ("Board"), comprised of seven members, to hear appeals as to whether a particular rent increase is consistent with the City's regulations. Section 8.22.050E of the City's Municipal Code requires that "Of the Board members appointed, two shall be landlords, two shall be tenants, and three shall be neutrals (neither landlords [nor] tenants)." On October 20, 1998, Andrew Wolff ("Wolff") was appointed as one of the two tenant representatives on the…